CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

SEPTEMBER 21, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 21, 1999, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law.

PRESENT: Mayor Philip Owen

Councillor Don Bellamy
Councillor Nancy A. Chiavario
*Councillor Jennifer Clarke (Clause 5)
Councillor Alan Herbert
*Councillor Lynne Kennedy (Clauses 1- 4)
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT: Councillor George Puil (Leave of Absence)

CITY MANAGER'S
OFFICE: Brent MacGregor, Deputy City Manager

CLERK TO THE
COUNCIL: Nancy Largent, Administrative Assistant

*Denotes absence during part of the meeting

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Herbert,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law.

- CARRIED UNANIMOUSLY

1. Text Amendment: 101 Terminal Avenue

An application by Musson Cattell Mackey Partnership was considered, as follows:

Summary: The proposed amendment to the existing CD-1 By-law would permit the interim use of retail space as office space at grade.

The Director of Current Planning recommended approval.

Staff Comments

Marco D'Agostini, Planner, went over the application, noting the applicant is concerned over the lack of demand for retail space in the development at this time. Neighbourhood and staff concerns were also reviewed. Staff are recommending that three-year development permits be permitted on an interim basis, until retail becomes more viable.

Responding to questions, Mr. D'Agostini noted area residents wish to see more retail services in their area. Also, the three-year development permit would be renewable and staff would assess demand at the time.

Larry Beasley, Director of Current Planning, advised he could support a term of five years, but felt it important to retain the term as interim. As a new neighbourhood is created, retail demand will increase, and opportunities should not be precluded.

Applicant Comments

Jeremy Trigg, VanCity Credit Union, indicated it had been predicted that the area would improve faster than it has, with more demand for retail space than has materialized. Mr. Trigg doubted commercial tenants would consider three years, or even five years, sufficient time to amortize improvements, and believed ten years would be more workable.

Summary of Correspondence

No correspondence was received on this application.

Speakers

The Mayor called for speakers on the application, but none came forward.

Council Decision

MOVED by Cllr. Bellamy,

THAT the application by Musson Cattell Mackey Partnership for a text amendment to the existing CD-1 By-law for 101 Terminal Avenue to permit the interim use of retail space as office space at grade be approved, except that the by-law be constructed to allow a development permit to be issued for a period not exceeding five years.

- CARRIED

(Councillors Chiavario and Daniel Lee opposed)

2. Text Amendment: 6475 Elliott Street

An application by Neale Staniszkis Doll Adams Architects was considered, as follows:

Summary: The proposed amendment to the existing CD-1 By-law would permit the development of 104 units of seniors congregate housing.

The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.

Council also had before it a memorandum dated September 21, 1999 (on file) from the Acting Senior Rezoning Planner, submitting for consideration a change to condition b (xi), which is reflected in the Council decision on the item.

Staff Comments

Marco D'Agostini, Planner, reviewed the application and potential impacts on the surrounding neighbourhood. An agreement with respect to safety will be settled at the development permit stage. There is no neighbourhood opposition. Staff support the application subject to the aforementioned conditions. Mr. D'Agostini also answered questions about congregate care standards.

Applicant Comments

Howard Johnson, Baptist Housing Ministries, reviewed the services to be provided, noting this development will provide congregate housing. It is not a care home, per se. Three letters of support were filed.

Garth Ramsay, Architect, reviewed the need for a 1.1 m setback relaxation to provide loading spaces, manoeuvring aisle and a garbage/recycling shed on Clarendon Street. Staff advised they had no objection to the relaxation requested by Mr. Ramsay.

Summary of Correspondence

No correspondence was received on this application other than three letters of support filed by the applicant

Speakers

The Mayor called for speakers on the application, but none came forward.

Council Decision

MOVED by Cllr. Chiavario,

That the application by Neale Staniszkis Doll Adams Architects for a text amendment to the existing CD-1 By-law for 6475 Elliott Street to permit the development of 104 units of seniors' congregate housing be approved, subject to the following conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Neale Staniszkis Doll Adams Architects, and stamped "Received City Planning Department, February 8, 1999,” provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) Design development to reduce corridor length;

Note to Applicant: Maximum length of 23 m (75 ft.) is standard for market residential.

(ii) Design development to better integrate the underground parking ramp to reduce area of paving in the Waverley Avenue front yard and to improve the building facade on Elliott Street;

Note to Applicant: This can be achieved by relocating the ramp to the underground parking from the corner of Elliott Street and Waverley Avenue.

(iii) design development to encourage sharing of services such as loading and garbage between the market and non-market buildings;

(iv) design development to improve the relationship of the ground level units to the street;

Note to Applicant: Maintain ground level units 900 mm above grade with open landscaping at patios facing the street.

(v) design development to ensure integration of the landscaping between the two parcels on this site;

Note to Applicant: No permanent fence or other physical barrier that separates the market and non-market components of development will be considered.

(vi) design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED) having particular regard for opportunities for:

… theft in the underground parking;
… break and enter. Ground floor units are susceptible to break and enter. Opportunities can be reduced by deleting areas of concealment outside of windows and patios. Hedging should be low and allow casual surveillance between the units and the street. The north exit door by the Manager’s office should be reoriented to encourage casual surveillance by the Manager’s suite (windows should be clarified) while orienting the door away from the street to reduce visibility form the street; and
… mischief such as graffiti.

(vii) design development in consultation with the General Manager of Engineering Services to revise the Clarendon Street loading bay;

Note to Applicant: An on-street loading zone is supported to serve the side.

(viii) design development in consultation with the General Manager of Engineering Services to provide for a clearance of 3.5 m for Handi Dart use;

(ix) design development in consultation with the General Manager of Engineering Services to provide one-way circulation in a counter-clockwise direction with appropriate directional signage to reinforce the one way flow;

(x) design development in consultation with the General Manager of Engineering Services to relocate the bus bay from the underground parking area to the porte cochere;

Note to Applicant: There is inadequate manoeuvring space for a bus in the underground parking.

(xi) design development to include the following safety enhancements:

… provide for horizontal exiting by having a minimum two fire compartments within a floor area;
… the fire alarm system should incorporate other signals to supplement the audibility within suites; in accordance with the Vancouver Building By-law as described in sentence 3.2.4.20.(7) [proposed 1999 version]; and
… provide an emergency call system that can include a variety of call systems, personal pendants and/or special telephones;
… provide a fire safety plan that includes staff assistance to residents incase of emergency;
… provide emergency power of a minimum of one hour duration;
… provide a fire fighter’s elevator in buildings that are above three storeys to assist with evacuation; and
… have a policy in place where as residents become less mobile, they are relocated to grade-level units.

Note to Applicant: The building’s life safety systems should take into account the eventual change in the mental and/or physical state of the residents, and provide a safe environment for them.

(c) THAT prior to enactment of the CD-1 By-law, the registered owner shall:

(i) clarify to the satisfaction of the General Manager of Engineering Services all existing and proposed features (paving, trees, landscaping, etc.) within the existing and proposed sewer right-of-way;

Note to Applicant: Although the right-of-way is not on the “proposed” subject site, the right-of-way uses must be clearly established.

(ii) clarify to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services all charges shown on title (a charge summary should be provided);

(iii) make arrangements for all electrical and telephone services to be under grounded within and adjacent the site from the closest existing suitable service point;

(iv) register a Section 219 Covenant, to the satisfaction of the Manager, Housing Centre and Director of Legal Services, providing that the owner of the rental congregate housing development shall not strata-title any of the units, with the option that in the case of project default as a rental, the applicant/foreclosing agent be given liberty within allowable by-laws to pursue other uses for this building; and

(v) pay to the City a Community Amenity Contribution of $18,243.85.

AND FURTHER THAT the minimum setback from Clarendon Street may be relaxed to 1.1 metre for the provision of loading spaces, manoeuvring aisle and a garbage/recycling shed.

- CARRIED UNANIMOUSLY

* italics denote amendment

3. Text Amendment: Schedule C - 2900 Block East Broadway

An application by Tom Bunting, Bunting Coady Architects, was considered as follows:

Summary: The proposed amendment would permit the relaxation of the required landscape setback on the south side of Broadway between Renfrew and Nootka Streets.

The Director of Current Planning submitted this application for consideration.

Staff Comments

Rob Whitlock, Acting Senior Rezoning Planner, reviewed the history and context of the existing requirement for a 40-foot landscaping setback, which is a requirement in both he Hastings Sunrise Plan and the recently approved policies for the Grandview/Boundary Industrial Area. Staff are not recommending approval of the requested 25-foot setback, but acknowledge the relaxation may be needed by the developer for marketing reasons.

Applicant Comments

Tom Bunting, Architect, reviewed the applicant's rationale for a 25-foot setback, with reference to building footprints, green landscaping, and attractive buildings. The existing setback requirement was intended to provide green space to buffer industrial areas along the route. With the change to I-3 zoning and high technology industrial use, there is less need to buffer. Also, the setback is not consistent, since it applies only to industrial areas; many sites do not have 40-foot setbacks.

Summary of Correspondence

Council was advised the following correspondence was received:

… One petition with 51 signatures, opposed.

Speakers

Lina Reid and Greg Reid, 3700 Block Grandview Highway, opposed the application. Some of their points were:

… consultation with the public was insufficient and too hasty;
… the notification process was inadequate;
… information was difficult to obtain;
… that some sites do not require the 25-foot setback is not a good reason to change it for this site;
… there was considerable public consultation before the adoption of the HastingsSunrise Plan which sets a 40-foot setback as City policy;
… high technology jobs will not be lost if the setback remains at 40 feet;
… there will be detrimental impacts on views, privacy, light, quality of life, and property values.

Applicant Closing Comments

Alan Whitchelo, Bentall Developments, responded that under the former I-2 zoning, it would have been possible to 60 feet and the same density as proposed, with similar impacts. A shadowing study has been carried out and indicates there will be no shadowing impact on the other side of the street. An extensive public process was carried out regarding the proposed change to I-3 zoning. There will be neighbourhood amenities including park and improved landscaping.

In response to questions about the impact on the project of retaining the forty-foot setback, Mr. Bunting advised the project would have to be shrunk, awkward on this site. There would be issues arising from the reuse of existing buildings and their structural capacity. Design, building heights, tapering and landscaping were referenced.

Mr. Whitchelo commented on the reduced marketability of a building with less depth and possible impacts on the campus-like ambience.

Staff Closing Comments

Mr. Whitlock advised that the issues of height and views are not relevant to this application, and will be dealt with by the Development Permit Board. Proposed building heights were clarified.

Larry Beasley, Director of Current Planning, advised staff could consult with the applicant and report back on possible design solutions, at a new Public Hearing should Council so wish. Alternatively, staff could approve the setback relaxation but instruct staff to work with the applicant to get as close as possible to the 40-foot setback.

Council Decision

MOVED by Cllr. Chiavario:

That Council retain the existing 40-foot setback.

- not put

MOVED by Cllr. Bellamy,

THAT the Public Hearing on this item be adjourned and the application by Bunting Coady Architects for a text amendment to Schedule C of the Zoning and Development By-law for the 2900 Block East Broadway, to permit relaxation of the required landscape setback on the south side of Broadway between Renfrew and Nootka Streets, be referred toa new Public Hearing on October 19, 1999;

AND FURTHER THAT staff work with the applicant and report back on a design solution as close as possible to the existing 40-foot setback.

- CARRIED

(Councillor Chiavario opposed)

4. Rezoning: 2450 West 2nd Avenue

An application by Stuart Howard Architects was considered, as follows:

Summary: The proposed rezoning from RM-4 to CD-1 would permit additions to the existing care facility.

The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.

Staff Comments

Rob Whitlock, Acting Senior Rezoning Planner, reviewed the application with reference to a model. Additional height requested will impact on views on slightly more than the potential impact if redeveloped under the existing RM-4 zoning. The additional density is necessary to meet current licensing and building code requirements and provide more efficient service. It is not possible to provide the added parking required on site because it would be prohibitively expensive, but Braddan Private hospital has arranged to purchase additional parking off-site.

Applicant Comments

Stuart Howard, Architect, reviewed the particulars of the application and constraints on the existing building which cause inefficiencies. Care guidelines require considerable support space which must be provided. Current residents will be able to remain in place during construction. Measures have been taken to reduce height. This Special Needs Residential Facility (SNRF) provides a public benefit, contributing to aging in place with multi-level care. Without this rezoning, problems could not be solved without demolishing the building.

Questioned regarding parking, Mr. Howard explained provision is being made in the lane for Handi-dart space and better garbage collection, in place of some existing parking. Seven spaces will be purchased in a neighbouring building, 2490 West 2nd Avenue. The hospital would be prepared to assign some lane space for visitors. The residents of this facility do not drive, and there will sufficient space in the neighbouring building toaccommodate staff.

Summary of Correspondence

Council was advised the following correspondence was received:

… one letter in opposition.

A further letter in support was handed in and circulated at the meeting.

Speakers

The following speakers opposed the application:

Mrs. R. Spector, 2400 Block West 3rd Avenue
Chris Solomon, property owner, 2490 West 2nd Avenue
Bruce Long, property owner, 2490 West 2nd Avenue
Patrick Griffin, Kitsilano resident
Joanne Reynolds, property owner, 2490 West 2nd Avenue.

Following are some of the points made by the opposed speakers:

… the lane is already clogged with personal and commercial traffic, and there will be more noise, fumes, and traffic;
… views will be affected, and property values diminished;
… stalls in 2490 West 2nd Avenue were purchased from the developer, not the Strata Corporation, and the Strata Council is initiating legal steps to reclaim them; concerns include health, security, and insufficient parking available for property owners and their visitors;
… Planning Department staff were made aware of the situation with regard to 2490 West 2nd Avenue, but have not resolved it;
… parking is a long-standing problem in Kitsilano and is getting worse;
… parking should be required on the site, not off-site;
… the SNRF is a non-conforming use, and the notice was flawed because it did not include this information.

The following speakers supported the application:

Shelagh Smith, relative of facility resident
Linda Rose, Community Health Team - Vancouver-Richmond Health Board
Paul Dixon, relative of facility resident
Sabina Wrzesinski, Braddan Private Hospital employee
Grant Halperin, Kitsilano resident and relative of facility resident
George Kefalas, Kitsilano resident and relative of facility resident

Following are some of the points made by speakers in support:

… SNRFs are a benefit to the community;
… Braddan Hospital will be able to provides more private rooms which are often in short supply;
… all neighbourhoods need a range of housing options including residential care;
… more residential beds are particularly needed on the west side of the city;
… Braddan Hospital provides excellent service and a friendly atmosphere, and fills a vital role in the community;
… hospital employees consider themselves members of this community;
… the new expansion will create more jobs;
… hospital staff carpool, and there are usually excess parking spaces;
… there are long waiting lists for residential care, and many seeking space are on hold in acute care hospitals, which are unable to offer privacy or space in their wards;
… Braddan Hospital provides excellent service, and has no vacancies proving the need for added beds.

(Councillor Clarke arrived while speakers were being heard on this item,
but did not participate in the discussion.)

Applicant Closing Comments

Mr. Howard clarified that the off-site parking spaces were bought from the church which developed the condominium, and were surplus to the legal requirements of the building. Mr. Howard also reviewed potential long-term detrimental effects if the building is not upgraded.

Staff Closing Comments

Mr. Whitlock clarified that SNRF is a conditional use in this zoning. The proposed form of development is generally consistent with RM-4 bulk and height; the 5-foot height difference will impact on a few adjacent residents. Regarding the off-site parking situation, the conditions specify that parking arrangements must be satisfactory to the Director of Legal Services. The Director has advised that agreement will be sought with the Strata Council as the current owners of the site, and if agreement cannot be reached, another site will have to be sought. There is a also a possibility of parking relaxation on hardship grounds. Regarding concerns about visitor parking, the Engineering Department is very careful to include visitor parking in its standard. The City can also seek agreement to designate permanent visitor's spaces. Council has the security that if a satisfactory parking solution cannot be reached, the zoning will not be enacted.

Larry Beasley, Director of Current Planning, recommended that Council deal with the principle, with the assurance that staff will deal with the parking situation, or come back to Council.

Council Decision

MOVED by Cllr. Kennedy,

THAT the application by Stuart Howard Architects to rezone 2450 East 2nd Avenue from RM-4 to a CD-1, to permit additions to the existing care facility, be approved subject to the following conditions, with the added condition that staff find an off-site parking solution at the level outlined in the Policy Report dated July 9, 1999, either through a satisfactory agreement with the Strata Council of 2490 West 2nd Avenue or another site, without relaxation of the parking standard:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Stuart Howard Architects and stamped “Received City Planning Department, June 15, 1999", provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) design development to reduce the height of the building by:

A. eliminating the proposed roof access stair tower, and instead providing access by means of a hatch; and

B. reducing all parapet heights at the roof level to the minimum necessary for good building practice;

(ii) design development to soften the impact at the lane by providing landscaping adjacent to the surface parking areas;

(iii) design development to the landscape design for the front yard, to increase the sense of openness to the street, and to achieve a softer, more residential character;

[Note to applicant: the need for some hard surface area in the front yard is acknowledged; however, some redesign to make the area both more visible and more residential in character is encouraged.]

(iv) provision of a plan indicating how the owner proposes to deal with construction disruptions in the daily lives of the residents;

(v) design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED), having particular regard to reducing opportunities for graffiti on the lane. Graffiti is prevalent inVancouver and its removal is an expense to owners. Opportunities for graffiti can be mitigated by reducing areas of exposed wall, by covering these walls with vines, hedges or lattice or steel mesh or by using a protective coating material. Contact Helen Chomolok, Graffiti Coordinator at 873-7927 for further information.

(vi) provision of a detailed landscape plan clearly illustrating all proposed plant material;

(vii) provision of dimension tree protection barriers (illustrated on the Landscape Plan) around all existing trees 20 cm caliper or greater to be retained on the development site, all existing neighbouring trees 20 cm caliper or greater located within 2.0 m of the property line and around all existing street trees located adjacent to the development site as per City of Vancouver Guidelines; and

(viii) design development to provide a layered planting strip within the inside boulevard (between the sidewalk and property line) along West 2nd Avenue, as per joint Planning and Engineering policies for “Special City Boulevard Treatment”. The planting strip shall be comprised of layered low planting [mature height and width not to exceed 0.9 m x 0.9 m (3 ft. x 3 ft.)] with a minimum 0.3 m (1 ft.) grass or ground cover strip adjacent to the sidewalk.

(c) THAT, prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall:

(i) make arrangements to the satisfaction of the Director of Legal Services and the Approving Officer to consolidate the site;

(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for an encroaching wall on West 2nd Avenue;

(iii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for off-site parking;

(iv) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable point; and

(v) pay to the City a Community Amenity Contribution of $10,965.68;

AND FURTHER THAT staff deal with the issue of assigned visitor parking at the development permit stage.

- CARRIED UNANIMOUSLY

(Councillor Clarke not eligible to vote)

(Councillor Kennedy left the meeting following the vote
on item 4 and did not return)

5. Rezoning: 555 Great Northern Way [Finning Lands]

An application by Finning International Inc. was considered, as follows:

Summary: The rezoning from I-3 to CD-1 would permit industrial, office, commercial and live-work uses, consistent with the Concept Plan for Great Northern Technology Park.

The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.

Council also had before it a memorandum from the Director of Planning and the Deputy City Engineer dated September 16, 1999 (on file), recommending a revised childcare condition f (vi) as reflected above. Further wording regarding the childcare condition, put forward by staff during the Public Hearing at Council's request, is also reflected in the foregoing conditions.

Staff Comments

Ian Smith, Planner, Central Area Major Developments Group, briefly reviewed the application, noting it would make possible uses not permitted in I-3, but which would be useful amentities in a high technology industrial park. Discussions between staff and the applicant have resolved most of the applicant's issues, but the applicant remains concerned about the parking ratio. Staff are prepared to support a change from the existing 2,21 spaces per 1000 square feet to 2.5 spaces, with the proviso that staff will recommend a return to 2.21 spaces when rapid transit to the site is assured. Staff do not support the 3.25 spaces requested by the applicant. Issues about encroachment and childcare have been resolved.

Mr. Smith also reviewed neighbourhood concerns, particularly about lost views, with reference to slides. There will be less impact on views under the proposed CD-1 than would be possible under the existing zoning, due to factors such as view corridors, stepped frontages and a lower centre section. Public amenities, including a plan for Brewery Creek, were reviewed. Staff support the application because it provides a good balance between industry and neighbourhood needs.

Applicant Comments

Bob Laurie, Finning International, advised the applicant supports the recommendations of staff. The only remaining concern is the aforementioned parking requirement.

Summary of Correspondence

Council was advised the following correspondence was received:

… 2 letters opposed.

Speakers

The following speakers opposed the application:

Kathleen Morrisey, 200 Block East 4th Avenue
Ken Bregman, 4400 Block Sophia Street
Steven Sewald, Pacific Terraces, Great Northern Way
David Crawford, property owner, Great Northern Way.

Following are some of the comments of the opposed speakers:

… biomedical technologies will bring hazardous materials to the area, and constitute a health risk;
… buildings are too high - the maximum height has gone from 100 to 120 and now 150 feet for some buildings;
… there will be serious loss of views and consequent reduction in property values;
… there is no guarantee of rapid transit to this site;
… there will be increased traffic and parking problems;
… building design is very boring and unattractive;
… there are too many roads to promote a campus ambience;
… the wording of the application is very loose;
… if community amenities such as the creek plan, green space and childcare were guaranteed, there would be less opposition.

The following speakers supported the application:

Lorne Milne, Skate Patrol
Peter Arbuckle, QLT Quadralogic Therapies
Bruce Macdonald, Brewery Creek Historical Society
Valley Hennell, 300 Block East 1st Avenue
Ross Denotter, 300 Block East 1st Avenue.

Following are some of the comments made by the speakers in support:

… traffic calming measures are good
… this is an opportunity to provide a pathway system through the site suitable for inline skaters, bicyclists, wheelchair users etc;
… transportation other than the private automobile will be encouraged;
… it is important to create a precinct where knowledge-based industries can come together;
… there will be green links through the site and other amenities for the community at large;
… it is important to create more artist live/work spaces;
… the ideas and suggestions of the community, specifically the ArtTech building residents, were heard and incorporated;
… services and amenities will be brought to the area, including welcome pedestrian walkways and green space;
… there will be more activity in the area after dark, improving security;
… some views will be lost, but the trade-off is worthwhile in view of the many amenities.

Kitty Norris, resident of an area housing co-op, wished that the public process had been more inviting to the neighbours.

Terry Nicholson, 300 Block East 7th Avenue, discussed potential traffic problems, ad enquired whether all traffic will access the site from Great Northern Way. In response, Mr. Smith briefly reviewed the proposed road system and signalized intersections including other points of access to and from the site.

Applicant Final Comments

Peter Busby, Busby and Associates, reviewed efforts made to involve the public in the planning process, and the resultant amenity package. Because this development will take years to finalize, a degree of flexibility was requested.

Staff Final Comments

Mr. Smith provided clarification on the issues of transit to the site and possible alternatives to rapid transit; impact on views, building heights, and the requirement to meet hazardous materials standards. Mr. Smith also provided a verbal recommendation to resolve two issues around the childcare condition referenced in his opening remarks.

Council Decision

MOVED by Cllr. Clarke,
A. THAT the application by Finning International Inc. to rezone 555 Great Northern Way from I-3 to CD-1, to permit industrial, office, commercial and live-work uses consistent with the Concept Plan for Great Northern Technology Park, be approved subject to the following conditions:

SCHEMATIC (a) THAT the proposed schematic development be approved by
DEVELOPMENT Council in principle, generally as prepared by Busby + Associates Architects and stamped “Received, City of Vancouver Planning Department, July 15, 1999,” specifically in relation to the location of roads and open space, the layout of development parcels and the siting of buildings, and providing that the Development Permit Board may allow variations when approving the detailed scheme of development with guidance from (c) and (d) below;

SKYTRAIN (b) THAT, should the Finning SkyTrain alignment be approved, a
ALIGNMENT cost analysis be undertaken specifically investigating the proposed undergrounding of the alignment, and, should it prove to be economically unfeasible, that a comprehensive urban design analysis be undertaken to relocate the alignment away from the central avenue and open space on the Finning site;

DESIGN (c) THAT the proposed design guidelines entitled “Great Northern
GUIDELINES Technology Park CD-1 Guidelines” be adopted by resolution of Council at the time of enactment of the CD-1 By-law;

DEVELOPMENT (d) THAT prior to the final approval by Council of the detailed APPLICATIONS form of development for each portion of the project, the applicant shall obtain approval of a development application by the Development Permit Board who shall have regard to design guidelines approved under (c) and particular regard to the following:

TREE (i) provide a Tree Management Plan by a Certified Arborist
MANAGEMENT that includes:

1. survey of all trees over 200 mm (8 in.) in diameter

2. tree retention, relocation and removal plan based on their existing condition and their relationship to the proposed development.

ENERGY (e) THAT Council require the provision of low flow toilets, shower
EFFICIENT heads and faucets as standard features, as and when required by
FEATURES the Plumbing By-law;

AGREEMENTS (f) THAT, prior to enactment of the CD-1 By-law, the property owner shall, at no cost to the City:

SOILS REMEDIATION (i) Obtain and submit to the City copies of all soils
[private lots] studies and the consequential Remediation Plan for the subject site, approved by the Ministry of Environmentand acceptable to the City. Execute agreements satisfactory to the Director of Legal Services and City Manager, in consultation with appropriate Department Heads, obligating the property owner to remediate to the satisfaction of the Ministry of Environment and, with respect to lands dedicated or transferred to the City, to the satisfaction of the City, any contaminated soils on the subject site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City;

SOILS REMEDIATION (ii) Submit to the City a soils remediation plan for
[City-owned & all lands transferred to the City, and newly
dedicated lands] dedicated streets, including utility rights-of-way required to serve the subject site, including utility construction plans compatible with the accepted remediation plan, and execute any agreements deemed necessary by the City Engineer providing for the construction and installation of remedial works, including monitoring systems for, among other things, water discharges and groundwater flows; and any other remedial works or systems required by the City, all to the satisfaction of the City Engineer and the Director of Legal Services;

SOILS REMEDIATION (iii) Execute agreements satisfactory to the Director of
AND INDEMNITY Legal Services and City Manager, in consultation with appropriate Department Heads obligating the property owner to indemnify the City, the Approving Officer and the Park Board and their employees against any liability or costs which may be incurred as a result of the presence of contaminated soils on the subject site, including costs arising as a result of any failure to carry out the aforementioned approved Remediation Plan and provide such security for the indemnity to the satisfaction of the Director of Legal Services;

SOILS VANCOUVER (iv) As required by the City Engineer and the City’s Director
CHARTER of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter;

OCCUPANCY (v) Execute a Section 219 Covenant, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements on thesubject site constructed pursuant to this rezoning until the contaminated soils on the subject site have been remediated to the satisfaction of the Ministry of Environment, and to the satisfaction of the City with respect to lands dedicated or transferred to the City, in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City;

CHILDCARE (vi) Execute an agreement, satisfactory to the Directors of Legal Services and Social Planning, to construct a fully furnished, fully equipped daycare facility, including required outdoor play space and underground parking, for up to 56 children, as determined by the Director of Social Planning, at no cost to the City prior to occupancy of the building, which, once occupied, would bring the total occupied floor space on the subject site to equal or exceed 102 190 mū (1,100,000 sq. ft.); the facility must meet all community care and daycare facilities requirements and the licensing thereof, comply with the Childcare Design Guidelines and be satisfactory to the Director of Social Planning; the agreement shall include a provision to receive start-up costs for any required facility in accordance with City policy.

[The requirement may be reduced if a childcare needs assessment study, undertaken jointly by the on-site employers, employees and Social Planning staff, prior to the point of 50% build-out, indicates that a reduction is appropriate, having regard to the determined need, and to the number and type of childcare spaces provided on the site by private initiatives.]

PUBLIC ART (vii) Execute an agreement, satisfactory to the Directors of Legal Services and Social Planning, for the provision of the public art in accordance with the City’s Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid officials; however in this instance the public art requirement shall apply only to the commercial and residential floor area which is being added by this rezoning;

SERVICES (viii) Execute a services agreement, satisfactory to the City
AGREEMENT Engineer and the Director of Legal Services, to ensure that all on-site and off-site works and services necessary or incidental to the servicing of the subject site (collectively called the “Services”) are designed,constructed, and installed at no cost to the City, and to provide for the grant of all necessary street dedications and rights-of-way for the Services, all to the satisfaction of the City Engineer and the Director of Legal Services; dates for completion of the services, and the length of the applicable warranty and indemnity periods shall be to the satisfaction of the City Engineer and the Director of Legal Services. Without limiting the discretion of the said City officials, this agreement shall include provisions that:

1. no Development Permit in respect of any improvements to be constructed on the subject site pursuant to this rezoning shall be issued until the design of all of the Services is completed to the satisfaction of the City Engineer;
2. the design of all the Services will be completed to the satisfaction of the City Engineer prior to: (i) tendering for the construction of any of the Services; or (ii) any construction of the services if the Property Owner decides not to tender the construction;

3. in addition to standard street treatment, the services will include specialty pavement surfaces, lighting and furnishings on the central avenue, to the satisfaction of the City Engineer;

4. no occupancy of any buildings or improvements constructed pursuant to the rezoning shall be permitted until all Services are completed to the satisfaction of the City Engineer;
5. a warranty in respect of the Services shall be granted for a period of time designated by the City Engineer, and an indemnity shall also be given protecting the appropriate persons for a period of time designated by the City Engineer;
6. the property owner shall construct the following off-site works, or contribute to the construction thereof in an amount satisfactory to the City Engineer: (i) landscaped median on Great Northern Way; (ii) three left-turn bays and traffic signals on Great Northern Way at Brunswick, Carolina, and Industrial; (iii) realignment of the Great Northern Way and Brunswick intersection; (iv) re-alignment and/or left-turn bay at the Main & Industrial intersection; (v) left-turn bay atGreat Northern Way and Clark Drive; and (vi) upgrades to the City’s storm and sanitary sewer system required as a result of the proposed development as determined by the City Engineer;

OPEN SPACE (ix) Execute an agreement, satisfactory to the City Manager and Director of Legal Services, to secure the conveyance to the City, at no cost after remediation and construction, of the open space in a location and of a size acceptable to the City Manager, and to ensure that there is no occupancy of any buildings or improvements constructed in Sub-area 1 pursuant to the rezoning until the open space is built and conveyed to the satisfaction of the City;

ACCESS TO (x) Execute agreements, satisfactory to the City Engineer
LANDSCAPED and the Director of Legal Services, to secure public
OPEN SPACES access to the landscaped green spaces along the China Creek and Brewery Creek stream easements, and to provide landscaping which allows for the future daylighting of China Creek and Brewery Creek;

AMEND (xi) Re-evaluate, amend and/or release all existing covenants
COVENANTS and rights-of-way to address the proposed development to the satisfaction of the Director of Legal Services;

SUBDIVISION (xii) Obtain approval and registration of a compatible subdivision plan or execute an agreement satisfactory to the Director of Legal Services precluding any development until a compatible subdivision plan is approved and registered.

Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.

The facilities to be provided including the Services and dedicated green space, as well as site remediation, may, in the discretion of the City Engineer, City Manager (where the City-owned open space is concerned) and Director of Legal Services, be constructed in phases, in accordance with phasing plans satisfactory to the aforesaid officials, and the respective Agreements will provide for security and occupancy restrictions appropriate to such phasing.

The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to thesatisfaction of the Director of Legal Services prior to enactment of the by-law; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services. The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

B. THAT the maximum parking ratio for high-tech uses be increased to 2.5 spaces per 1,000 sq. ft. of gross floor area;

AND FURTHER THAT the General Manager of Engineering Services be directed to bring forward recommendations to reduce the maximum parking ratio to 2.21 spaces per 1,000 sq. ft. of gross floor area when a decision is made to provide rapid transit to the Finning site.

C. THAT, should it be determined that the secondary rights-of-way are dedicated streets, Council authorize encroachments at nominal cost for underground parking structures and skybridges, subject to designs acceptable to the General Manager of Engineering Services and the Director of Planning;

AND FURTHER THAT Council authorize the General Manager of Engineering Services and Director of Legal Services to enter into an agreement with Finning International Inc. to design, construct and maintain any underground parking structures and skybridges at no cost to the City;

AND THAT Council authorize the General Manager of Engineering Services and Director of Legal Services to enter into an agreement with Finning International Inc. permitting the existing buildings and operations on the site, that will encroach onto dedicated streets, to remain at a nominal fee until the General Manager of Engineering services has accepted the streets under the terms of the Services Agreement.

- CARRIED UNANIMOUSLY

* italics denote deletion or amendment

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 11:59 p.m.

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(c) 1998 City of Vancouver